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Surveillance of internet and phone data is "undemocratic and unnecessary" under current laws, an independent review has concluded -- but it concludes spies should keep their current powers, subject to new transparency measures and legal provisions.

The current law is fragmented, obscure, under constant challenge and variable in the protections that it affords the innocent.David Anderson QC

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The long-awaited report by David Anderson, which was delivered before the General Election in May but not released publicly, states that the government must do more to prove why monitoring of web browsing is necessary.

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The report says that tracking web histories for up to two years, as has reportedly been the case, has not been properly justified. It concludes that judges should be those to issue warrants for tracking, not politicians. It also says that a new oversight body should also by led by judicial figures

Anderson said, according to Sky: "The current law is fragmented, obscure, under constant challenge and variable in the protections that it affords the innocent. It is time for a clean slate."

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The government has already announced plans for new legislation to justify and potentially extend tracking of internet and phone data, but has not given specifics ahead of the Anderson Report's publication.

The 370-page report, titled "A Question of Trust – Report of the Investigatory Powers Review", says the current legal framework is "fragmented, obscure, under constant challenge".

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The key recommendations include:

New legislation "that should be both comprehensive in its scope and comprehensible to people across the world"

The enhancement of data retention policies "only to the extent that a detailed operational case can be made out and a rigorous assessment has been conducted of the lawfulness, likely effectiveness, intrusiveness and cost"

The retention of bulk collection surveillance techniques only if "subject to additional safeguards and to the addition of a new and lesser power to collect only communications data in bulk"

A "requirement of judicial authorisation (by Judicial Commissioners) of all warrants for interception" and methods to ensure the independence of those authorising requests

Streamlining of procedures in relation to warrants

Improved supervision of the use of communications data, including in conjunction with other datasets and open-source intelligence

Creation of an Independent Surveillance and Intelligence Commission: a new, powerful, public-facing and inter-disciplinary intelligence and surveillance auditor and regulator whose judicial commissioners would take over responsibility for issuing warrants, for authorising novel, contentious and sensitive requests for communications data and for issuing guidance

Greater "jurisdiction for the Investigatory Powers Tribunal, and a right to apply for permission to appeal its rulings"

"The maximum possible transparency on the part of ISIC, the IPT and public authorities"

Home Secretary Theresa May told MPs in the House of Commons said it was "imperative" that the use of "sensitive powers" are all overseen by parliament. She stopped short of saying the government would accept the report in full, saying that this and other reports would collectively form a "firm basis" for new legislation.

She said new legislation would be introduced at the end of 2015 in draft form, reaching the Commons in early 2016. The new laws would "need to be in place" by the end of next year. "We have a duty to ensure that the agencies [who keep us safe] ... have the powers they need to do the job," she said, while also paying tribute to security agencies whose work is not always made public.

Shadow home secretary Yvette Cooper echoed Anderson's calls for a new legislative framework to solidify the work of the security services. "The current framework was no longer fit for purpose," she said. "Technology has moved on... Communication data has been used to tackle some awful crimes. There is no doubt that new powers are needed and they must keep up with technology."

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Tory MP David Davis, who has been critical of surveillance legislation and recently took the government to court over emergency powers rushed through parliament in 2014 called for a "transfer of power" to judicial oversight "as soon as possible".

In a full statement to press Anderson said: "Modern communications networks can be used by the unscrupulous for purposes ranging from cyber-attack, terrorism and espionage to fraud, kidnap and child sexual exploitation. A successful response to these threats depends on entrusting public bodies with the powers they need to identify and follow suspects in a borderless online world. "But trust requires verification. Each intrusive power must be shown to be necessary, clearly spelled out in law, limited in accordance with international human rights standards and subject to demanding and visible safeguards. "The current law is fragmented, obscure, under constant challenge and variable in the protections that it affords the innocent. It is time for a clean slate. This Report aims to help Parliament achieve a world-class framework for the regulation of these strong and vital powers."